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[Sir Tigger KC]

So it seems I'm about to have a row with my neighbours as to who owns the fence between us! 

As far as I'm aware there's a convention that when you stand in the road facing your house, the fence to the right is your responsibility, which is the case with the fence in question.  This is what the neighbour is relying on, but I don't think it has any standing in law.

The reason I'm disputing this is that my house was built 20 - 30 years before theirs and the land on which their house now stands was part of the garden of a big old manor house behind.  At that time there would have been a hedge between my house and the garden of the manor house which would have been on the right of the manor house behind.  A small part of this hedge still survives where the bottom of my garden overlaps with the garden of the manor house behind and they once told me quite clearly that it's their hedge when I cut it back a bit too enthusiastically! 

When the developers subdivided the garden for the 2 new houses and leveled the plot, they would have ripped out the hedge and built a retaining wall with the said fence on top as the boundary between my house and the new house.  I think that the ownership of the boundary would have passed from the manor house behind to the new house in the sub division, rather than to the existing house next door (ie mine). 

The fence is pretty knackered now and they're saying it's my fence, but they have form for this sort of thing as a couple of years ago they told their neighbour on the other side that the fence between them was his and he had to replace it, which he did. 

There is nothing in my deeds or Land Registry Certificate that indicates who owns the fence.   

Sorry for the long winded post but I often finds it helps to get my thoughts in order when I write things out and who knows I might even get some intelligent suggestions!   

Thanks! 

 

[Doctor Gollum]

If it's not in your deeds, then it cannot be your fence... QED

[pauls]

If iam not mistaken as you look at the front of the house your fence runs down the left hand side. But you state nothing in your deeds then its nothing to do with you.

[pauls]

Just googled this and it states right hand side
Sorry no help then.

[Bigron]

What type of fence is it? If it has supports, then the support side indicates that it is your responsibility - i.e. the "posh" side facing outwards away from your property. If it is of concrete-post-slide-in-panels type, it is indeterminate.
However, to define a boundary you are not legally required to have a full fence, just a handful of stakes/posts to indicate the line of the boundary.

Ron.

[Keith ABS]

  My previous house, as you looked at it from the road, the left fence was mine. If not on your deeds, its not yours.

Keith ABS

[pscocoa]

 My garden adjoins 5 other gardens. I have replaced fence twice in 35 years at more or less my costs as I cannot be bothered with the hassle of asking for contributions as most are happy to sit looking at rotting fence which I am not. Interestingly this last time one or two asked if I wanted money but I declined.

With the case from the original post I would just put your case to neighbour and either meet him half way or just rely on Manor House story and let him prove contrary. Probably not worth going legal if cost of fence not too big.

[tunnie]

Sounds like it should go 50/50 on replacement, due to age and it’s not clear who exactly owns it.

My back garden fence separates the two gardens behind us with my neighbor, we’ve agreed that if there was ever storm damage or it just falls down. (Its crap quality, being new build house) that we would go 50/50 on costs.

[STEMO]

Knock it down. If someone protests, then they obviously have an interest in it, so come to a deal with them. If no one says anything, they obviously think it’s yours to do as you like with.

[TheBoy]

What type of fence is it? If it has supports, then the support side indicates that it is your responsibility - i.e. the "posh" side facing outwards away from your property.

This was my understanding if the deeds do not declare it.

[TheBoy]

(Its crap quality, being new build house) that we would go 50/50 on costs.

2 sides of my garden are still on original fence (17yrs), although it did get a new post about 5yrs ago when the side door of the garage hit it with some force.

The 3rd side was also replaced after it burnt down at the same time

[Migv6 le Frog Fan]

Sounds like Triggers fence. 

[TheBoy]

Sounds like Triggers fence. 

Given my poor spelling, maybe I should rename myself Trig

[Sir Tigger KC]

Sounds like Triggers fence. 

Because neither of us will take ownership we've been bodging it up for years and my neighbours input has always been very reluctant.  They are elderly so guess who has done the bulk of the work?  Triggers fence indeed! 

[Shackeng]

Sounds like Triggers fence. 

Because neither of us will take ownership we've been bodging it up for years and my neighbours input has always been very reluctant.  They are elderly so guess who has done the bulk of the work?  Triggers fence indeed! 

Whose side are the supporting posts on?